MVP “Immigration Q & A Forum” – 10/17/25

1. How can I increase my chances of getting selected in the H-1B CAP lottery process?

Find an employer willing to offer you a position with an annual salary that meets the Level III prevailing wage or Level IV prevailing wage for the location of employment.

2. Where can I find the new Naturalization test questions?

The 2025 Version of the Civics Questions and Answers can be located on the USCIS website. In addition to providing the 128 questions to review, for which you must get 12 out of 20 correct to pass, they have provided a study guide to assist you in studying for the civics test.

3. USCIS may now deny a marriage-based case without even issuing a Request for more evidence. Is it true?

Yes, on August 1, 2025, the USCIS released a Policy Alert notifying stakeholders that the USCIS Policy Manual has been revised to explain requirements associated with the screening, vetting, and adjudication of family-based immigrant petitions to include eligibility criteria, filing, interviews, and decisions. It is specifically noted that the USCIS can issue a denial without first issuing a request for additional evidence (RFE), or a Notice of Intent to Deny (NOID). As a result of these changes, it is highly recommended that you work with qualified Immigration Counsel when filing for any immigration benefit with USCIS.

4. My Labor for my Green Card process was expected to be approved in October based on the processing times posted on DOL’s website. How will the shutdown affect my case? My priority date remains current based on the November Visa bulletin.

The Department of Labor (DOL) is the entity that is responsible for certifying your Permanent Labor Application. As a result of the government shutdown, the DOL is not operational. This means that your Labor is not currently being reviewed/worked on and

will not continue to be processed until the DOL reopens once the federal government reopens. It is likely that the government shutdown will affect the timing of the certification of your Labor Application. In other words, it will take longer to obtain the Certified Permanent Labor Application.

5. How much does a Re-Entry permit cost? Can I continue to request them from USCIS?

A Re-entry permit carries a USCIS filing fee of $630.00 made payable to US DEPARTMENT OF HOMELAND SECURITY. As long as you are abiding by the rules and re-entering prior to the expiration of the re-entry permit, there is no limit on the ability to continue to request and receive Form I-131, Re-entry permits.

6. If USCIS denies my family based I-485 petition, will I be issued an NTA?

Yes, it is possible. USCIS’ policy manual has always indicated that upon a denial of an immigration benefit, USCIS may issue a Notice to Appear in Immigration Court. On August 1, 2025, USCIS released a memo informing the public that they have made revisions to the policy manual specifically to clarify that they may issue a Notice to Appear if the alien beneficiary is otherwise removable since a family-based immigrant visa petition does not grant immigration status or relief from removal. It is important to speak with a qualified Immigration Attorney before submitting any request for an immigration benefit to USCIS.

7. Should we leave the U.S.? Everywhere, the messaging is for us to just leave. Some of the notices we have received say that if we leave now, we will be able to come back later to resume our process. What should we do?

You should contact our office to schedule a consultation. It is highly recommended that you speak with a qualified Immigration Attorney to determine if you are eligible for any relief, for a full discussion of your rights, the rule of law, how due process works in the United States, and the real consequences involved if you were to self-deport.

8. Can we still mail paper checks to USCIS?

Yes, you may continue to mail paper checks, money orders and cashier’s checks to the United States Citizenship and Immigration Service (USCIS) until October 28, 2025. After October 28, 2025, USCIS will only accept ACH debit transactions using Form G-1650 or credit card payments using Form G-1450.

9. Do we have to do anything beforehand to use Form G-1650 for payments to USCIS after October 28, 2025?

Form G-1650, Authorization for ACH Transaction, is a Form to make payment to the USCIS directly from your business or personal bank account. You must complete all sections of the form and provide a ‘wet’ signature on the form prior to submission to USCIS. You may need to contact your bank to permit the Department of Homeland Security to debit funds by ACH from your account (specifically, remove the ACH Debit Block). The Agency Location Codes (ALC+2) are: 7001010330; 700101031B; 700101031F; 7001010327; 7001010372;  7001010331; 700101031D;  700101031J; 7001010328; 70010103X5; 7001010335; 700101031E; 7001010325; 7001010329; 7001010390; 7001010333; 7001010326; 7001010371.

10. Do we have to do anything beforehand to use Form G-1450 for payments to USCIS after October 28, 2025?

Form G-1450, Authorization for Credit Card Transactions, is a Form to make payment to the USCIS directly from your credit card. You must complete all sections of the form and provide a ‘wet’ signature on the form prior to submission to USCIS. You need to ensure there are sufficient funds on the credit card to cover all your filing fees. USCIS will not attempt to process your credit card payment a second time.